Nordio gives in to pressure and controversy: adjustments to the Cartabia reform
Reconsider some choices, such as making crimes against property prosecutable in mafia contexts. With the aim of acting ex officio. It is the work that the Ministry of Justice, led by Carlo Nordio, has undertaken to study and develop urgent interventions, including of a regulatory nature, after the reporting of critical issues that emerged from the application of the recent Cartabia reform. The assessments necessary to reconsider some choices to make crimes against property in mafia contexts and other hypotheses of crimes which, due to the context in which they accrue, make urgent precautionary measures indispensable, are underway – via Arenula announces.
This is a point on which the debate on justice has focused in recent weeks. In particular, in recent days, as part of an ongoing proceeding in Palermo, the prosecutor’s office requested and obtained the ineffectiveness of the precautionary measure ordered for aggravated injuries to three mafiosi: no one has left prison, because they are detained for other crimes, but the prosecutors’ request is an effect of the criminal law reform, which came into force – after a 2-month postponement – on 30 December last. For crimes such as injuries, even if aggravated by the mafia method, the law today provides for the complaint of one party, in the absence of which it is not possible to act for that crime. The Cartabia reform has expanded the range of crimes that can only be prosecuted on complaint, which, for various profiles, already existed.
The Ministry of Justice is also evaluating interventions for a smoother application of procedural rules, such as in the matter of lodging an appeal, to avoid interpretative doubts. It cannot be forgotten – he points out from via Arenula – that the procedural reforms have been examined by the European Commission, and currently considered suitable for guaranteeing Italy the indispensable resources for restarting, with the consequence that every their modification cannot fail to take into account this decisive path: it will therefore be a question of targeted interventions, of corrective measures – already envisaged within 2 years by the legislator himself with the approval of the reform – which will not in any case upset the structure of a reform ‘ pillar of the Pnrr.
There is however some debate. As reported by the Fatto Quotidiano, Forza Italia in particular does not fit. Pierantonio Zanettin, Forza Italia group leader in the Senate Justice Commission, talks about judicial populism. And he declares to Il Fatto Quotidiano: “Europe has clearly told Italy that it can no longer go ahead with processes that last decades and pathological judicial burdens and has therefore put resources into the Pnrr to speed up justice in our country . The road taken with the Cartabia reform is that of deflation”. For this, he adds, it must not be touched.
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